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§ 365(o)

FDIC v. Amtrust Fin. Corp. (In Amtrust Cin. Corp.)

Sep
14
2012
Ruling
District court did not err in holding that cease and desist order in favor of FDIC was ambiguous and did not include capital-maintenance commitment.
Procedural posture

Appellant FDIC, which was appointed receiver for a bank after appellee debtor filed for bankruptcy, sought payment from the debtor under 11 U.S.C.S. § 365(o) based on a cease- and-desist order. The FDIC appealed the rulings of the United States District Court for the Northern District of Ohio that held that the order was ambiguous and that it did not contain a capital-maintenance commitment under § 365(o).

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Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on September 14, 2012 , LexisNexis #1012-010
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Imperial Capital Bancorp Inc. v. FDIC

Oct
14
2011
Ruling
Motion to withdraw reference of capital maintenance dispute involving allowance of claims against estate denied.
Procedural posture

Defendant, the receiver for a bank previously held by a Chapter 11 debtor, filed a motion to withdraw the reference of two disputes from the court.

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Commercial opinion summary, case decided on October 14, 2011 , LexisNexis #1111-006
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